Acórdão nº 068835 de Supremo Tribunal Administrativo (Portugal), 19 de Março de 1981 (caso None)
Magistrado Responsável | MARIO DE BRITO |
Data da Resolução | 19 de Março de 1981 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - DIR REAIS.
Legislação Nacional: CPC67 ART205 ART269 ART289 ART356 ART357 N2 ART358 N1 ART668 N1 D ART716. CCIV66 ART566 N1 ART829 N1 N2 ART1422 N2 C. CRP67 ART2 N1 C.
Jurisprudência Nacional: AC STJ DE 1974/01/29 IN BMJ N233 PAG201.
Sumário : I - Absolvidas da instancia (por decisão transitada) os reus de certa acção com base na ilegitimidade (por a acção não ter sido, tambem, proposta contra outrem), tem o autor a sua disposição, dois meios para obter o que pretende: ou o de propor uma nova acção (artigo 289 do Codigo de Processo Civil); ou o de chamar a intervir como reu, na acção ja proposta, a pessoa cuja ausencia fora o motivo determinante da ilegitimidade (artigo 269 do mesmo Codigo). II - Não obsta a aplicação desta ultima disposição a circunstancia de aquela ilegitimidade ter sido decretada em via de recurso, uma vez que, em consequencia da sua decisão, o tribunal superior vem a substituir-se ao despacho saneador nessa parte (que declarava as partes como legitimas). III - Se um condomino da a sua fracção um uso diverso do fim a que, segundo o titulo constitutivo da propriedade horizontal, ela e destinada, ou seja se ele infringe a proibição contida no artigo 1422 n. 2, alinea c), do Codigo Civil, parece evidente que, pelo menos em via de principio, o unico remedio para essa situação e a reconstituição...
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